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Personal Injury 2022
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Massachusetts Academy of Trial Attorneys
Medical Malpractice 2022
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Failure to Diagnose Breast Cancer

Receiving a breast cancer diagnosis is devastating, and you may worry about the expensive treatment and how it may impact your life. This disease affects as many as one in eight women in the United States. When it comes to serious conditions like breast cancer, getting an early diagnosis is crucial. However, despite the extensive training that medical staff like doctors, surgeons, and nurses must undergo, they can make mistakes and miss symptoms, which could cause further preventable issues. If you are suffering due to a medical professional’s failure to diagnose your breast cancer, an experienced Massachusetts breast cancer misdiagnosis lawyer can help you get justice for your losses. 

Sweeney Merrigan Personal Injury Lawyers allow you to focus on recovery instead of worrying about the complex legal process. We are dedicated to achieving the compensation you deserve using top-tier legal services and innovative strategies. We take difficult tasks like negotiating with insurance companies off your plate, so you can have a stress-free experience. With our transparent and open communication, you can better understand your claim and what you need to do to have a successful outcome. Give us a call now at 617-391-9001 or fill out our contact form

3 Reasons a Doctor May Fail to Diagnose Breast Cancer

Pharmacy Error

Doctors, nurses, and other medical professionals must always care for patients’ safety. Unfortunately, they may neglect this duty and miss symptoms of breast cancer in a patient, failing to diagnose them and potentially leaving them vulnerable to more harm. Reasons a healthcare worker may fail to diagnose breast cancer in a patient include the following:

Missed Signs of Cancer on Routine Tests

The delay in your diagnosis of breast cancer may result from the radiology department of the medical facility breaking imaging protocol or misinterpreting the results of a scan. When medical staff does not thoroughly review the results of a mammogram or ultrasound, this negligent act could lead to a doctor overlooking signs of breast cancer and being unable to provide a timely diagnosis.

Failure to Conduct the Correct Tests

Radiology centers offer two types of mammograms to patients. These tests include the following:

  • Screening Mammogram: Which is regular testing done on a yearly basis
  • Diagnostic Mammogram: This test has the purpose of diagnosing cancer if the patient has previously presented symptoms of a possible abnormality

If staff orders the wrong type of test, your doctor may not be able to properly identify and diagnose breast cancer.

Failure to Follow Correct Guidelines for Breast Cancer Diagnosis

The American College of Radiology sets guidelines that doctors and radiologists must follow when conducting mammograms and analyzing results. If medical professionals bypass these guidelines, this may lead to a misdiagnosis or failure to diagnose a patient’s breast cancer. 

Suing a Doctor or Hospital for Misdiagnosis of Breast Cancer

If a doctor fails to diagnose your breast cancer, causing you further harm, you have the right to pursue legal action and financial compensation for your losses, as this is a form of medical malpractice. These claims are often complicated and confusing, so our Massachusetts breast cancer misdiagnosis lawyers are here to help you understand your legal options and what to keep in mind when suing your doctor or hospital.

Proving Fault

As the victim filing a claim against your doctor or hospital, you are responsible for proving the following points:

  • The liable party owed you a duty to care for your health and well-being.
  • They neglected this duty and failed to diagnose your breast cancer.
  • This negligence caused your injuries.
  • Your injuries resulted in damages.

Our dedicated Massachusetts breast cancer misdiagnosis lawyers can help you gather evidence like medical records, personal statements, test results, and witness testimony. The more evidence we collect, the stronger your claim will be, so we do everything we can to get to the heart of your case and present it to the court.

Statute of Limitations

According to Massachusetts General Laws chapter 260, section 4, you have three years to file your medical malpractice claim. However, you may not discover you suffered injuries due to medical malpractice for a long time. For this reason, the three-year time limit does not start until you know your doctor failed to diagnose your breast cancer and caused you further injuries. 

While three years may seem like plenty of time, handling the legal process while recovering from breast cancer can make meeting this deadline difficult. With our Massachusetts breast cancer misdiagnosis attorneys’ help, you can focus on healing while we handle every aspect of your claim efficiently and effectively. We give your claim the care and attention it deserves so you do not have to worry about missing your opportunity to fight for your rights. 

Can You Collect Damages After Your Doctor Fails to Diagnose Your Breast Cancer?

The timely diagnosis of breast cancer is crucial to the overall well being of the patient. If a doctor or other medical professional acted negligently and their actions led to the missed diagnosis of this disease, you may be entitled to file a claim and receive financial compensation for your losses. Depending on the severity of your injuries and other details of your case, you may collect the following damages:

  • Current and future medical expenses
  • Lost wages and earning potential
  • Significant disfigurement or disability
  • Prescribed medications
  • Hospital fees
  • Emotional distress
  • Loss of enjoyment of life
  • Pain and suffering
  • Wrongful death

We understand some of these damages may be difficult to calculate, so we can help you accurately determine your claim’s worth and achieve a fair settlement. Our seasoned lawyers understand insurance companies’ tactics to undermine your claim, so we fight tirelessly for your rights and the compensation you deserve.

Contact a Massachusetts Breast Cancer Misdiagnosis Lawyer at Sweeney Merrigan Personal Injury Lawyers to Schedule a Free Consultation

When you see your doctor or another medical professional, you trust them to put your health and safety first by running every possible test and considering every potential outcome, including breast cancer. However, many healthcare workers break this trust and neglect to diagnose serious issues, exposing patients to further injuries. If this is the case for you, you deserve a high-quality Massachusetts breast cancer misdiagnosis attorney that will build a strong claim and fight for you. Our Sweeney Merrigan Personal Injury Lawyers have the experience and knowledge to handle your claim, regardless of scope.

The award-winning medical malpractice legal team has received recognition from outlets like Super Lawyers and Best Lawyers. Managing partner J. Tucker Merrigan, and trial attorney Kyle A. Camilleri, have earned awards such as Rising Star from Super Lawyers and Top 40 Under 40 from National Trial Lawyers for their top-of-the-liner work and continued success in the industry. We offer compassionate representation with a personalized approach to hold the liable party accountable and achieve just compensation. To schedule a free consultation, call (617) 391-9001 or fill out our contact form.

Meet the Personal Injury Attorneys at Sweeney Merrigan Law, LLP